ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-03 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

23.04.2020.

Mr. Nadeem Ahmed Qureshi, Advocate for applicant.

                   Mr. Muhammad Noonari, D.P.G for the State.

                                                            -.-.-.-.-.-.-.-.-.-

Irshad Ali Shah J;- It is alleged by the prosecution that the applicant with rest of the culprits, in furtherance of their common intention, being armed with deadly weapons, by committing trespass into house of complainant Yar Muhammad, abducted his wife Mst.Safiya with intention to subject her to rape, for that the present case was registered.

2.                 The applicant on having been refused post-arrest bail by learned 4^th Additional Sessions Judge, Larkana, has prayed for the same from this Court by way of instant application u/s 497 Cr.PC.

3.                 It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant party; the FIR is lodged with delay of about three days; 164 Cr.PC statement of Mst.Safiya is contradictory to the FIR, therefore, the applicant is entitled to be released on bail on point of further inquiry.

4.                 Learned D.P.G. for the State has opposed to release of the applicant on bail by contending that the applicant is neither innocent nor is involved in this case falsely by the complainant party; he has subjected an innocent lady to sexual harassment and then has remained in absconsion for period which is spreading over more than three years.

5.       I have considered the above arguments and perused the record.

6.       The name of the applicant is appearing in the FIR with specific allegation that he with rest of the culprits, in furtherance of their common intention, being armed with deadly weapons, by committing trespass into the house of the complainant, abducted his wife Mst.Safiya and then subjected her to rape by confining her illegally at Karachi. Mst.Safiya has supported the factum of the incident in her 164 Cr.PC statement to large extent. In that situation, it would be premature to say that, the applicant being innocent has been involved in this case falsely by the complainant party. The complainant party indeed was having no reason to involve the applicant falsely at the cost of honour of an innocent lady. The  conflict between contents of FIR and 164 Cr.PC statement of Mst.Safiya, if any, could hardly be resolved by this Court, such exercise, if is undertaken, then it would amount to deeper appreciation of facts and circumstances, which is not permissible at bail stage. The delay of three days in lodgment of the FIR in case like present one is natural, the same even otherwise could not be resolved in favour of applicant at this stage. The applicant has not been able to explain his absconsion, which is spreading over period of more than three years, which reflects adversely on plea of his innocence. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged.

7.                Based upon above discussion, it could be concluded safely that the applicant is not found entitled to be released on bail. Consequently, the instant bail application is dismissed.

                                                                                             J U D G E